Land Act 1958 (Vic)

Version No. 155

Land Act 1958

No. 6284 of 1958

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2ADefinitions

2BTraditional owner agreement for natural resources

Part I—Crown lands generally

3Definitions

3AApplication of Road Management Act 2004

3BTransport Integration Act 2010

4AMinister may purchase lands

4BManagement agreements with Traditional Owner Land Management Boards

4CLand to be managed consistently with joint management plan

5Filming Approval Act 2014

Division 2—Grants and reservations

12Governor in Council or Minister may convey land under this Part

12AExchange of Crown land

13Land acquired by Crown or Board may be conveyed

17Registration of Crown purchases to have same effect as enrolment

22APower to public authorities to surrender lands

22CAttorney-General may authorize surrender of lands to His Majesty

22DSurrender of land by municipality

22ESurrendered land to be deemed unalienated land of Crown

23Escheated and forfeited lands may be conveyed

25Governor in Council may divide territory into counties etc.

26Crown grants and leases to be dated

Division 3—Administration

27Appointment of land office and land officer

28Application for a lease or licence

29Applications to be entered

31Duties of authorised officers

32Authority of persons appointed under this Act

33Several persons may be appointed to do the same act

36Power to Governor in Council to withdraw lands from sale etc.

37Minister to lay annual report before Parliament

Division 4—Perpetual leases

53Power to select allotment under perpetual lease

54Application of subdivision

55Conditions in perpetual lease

56Rent under perpetual lease

57Recovery of rent and interest

58Power of perpetual lessee to surrender lease

59Ante-dating of lease

60Limit of land to be held under perpetual lease

61Encumbranced leases

Division 6—Sale of land by auction or tender or to a public authority

89Minister may sell Crown land by public auction or public tender

90Minister to give notice of public auction or public tender

91Procedure where reserve price not reached at auction or by tender

92Purchaser of Crown land by auction or tender deemed to be owner

94Commission may be paid

95Land to be granted when purchase price paid

96Person not to assign interest under contract of sale without Minister's consent

97Penalty interest for failure to pay money due under contract of sale

98Minister may declare contract of sale void on default

99Minister may sell Crown land to public authority

99ASale by private treaty

100Sale of Crown land subject to lease

Division 8—Agricultural leases, licences and permits

Subdivision 1—Leases for agricultural purposes

121Granting of leases for agricultural purposes

122Term of lease

123Land over which lease may be granted

124General conditions of leases

125Land leased under this Division deemed to be protected forest

126Amendment of folios of the Register on resumption of land

Subdivision 2—Licences for agricultural purposes

130Granting of licences for agricultural purposes

130AAPeriod of licence

130ABLand over which licence may be granted

130ACGeneral conditions regarding licences

130BLicence presumed where fee paid

130CLicence not to expire on death of licensee

130DApplication of sections 130B and 130C

Subdivision 3—Agistment permits

133AAgistment permits

Subdivision 4—General provisions relating to agricultural licences and leases

133BRemittance or waiver of rent or fees in times of hardship

133CForfeiture of leases and cancellation of licences

133DCompensation for improvements on forfeiture of lease or cancellation of licence

133ETermination of lease where no breach

133FCancellation of licence where no breach

133GNotice of intention to grant lease or licence

Division 9—Leases and licences for non‑agricultural purposes

Subdivision 1—Leases for non-agricultural purposes

134Minister may lease Crown land under this subdivision

134ALeasing of strata of Crown land

134BMinister may enter agreement to lease and lease in spite of certain Environment Effects Act 1978 requirements

135Public auction or tender or private negotiation

136Minister to give notice in writing of public auction or public tender

137Proposed lessee to give notice of lease arranged privately

137AATerm of lease

137AAARent in advance

137ABRent review

137ACReplacement leases

137ADLeases may not be assigned etc. without Minister's consent

137AELease granted to generation company

137AIndustrial leases and industrial development leases

Subdivision 1A—Conditional purchase leases

137BConditional purchase lease

137CTerms and conditions

137DPurchase on certain conditions

137ECrown grant to be subject to conditions etc. as Governor in Council sees fit

137FLease not to be transferred etc. without Minister's consent

137GMinister may declare lease forfeited

137HEffect of forfeit of lease

Subdivision 2—Licences &c.

138Minister or authorized person may grant licences

138ALicence for strata of Crown land

139Buildings etc. erected under licence to be removed on expiry

140Terms and conditions

140AALicence granted to generation company

140ABLicence granted for offshore wind energy generation

Licences for Jetties and Landing Stages etc.

140AGrant of licences for jetties landing stages etc.

140BNotice of intention to apply for a licence to be published

140CTerm of licence

140DLicence to specify purpose conditions etc.

140DALicence fee

140ERenewal presumed where fee paid

140FConditions associated with licence of land

Tour operator licences

140HOffence to conduct organised tour or recreational activity on Crown land if unlicensed

140IGrant of tour operator licence

140JApplication for tour operator licence

140KRequirement to pay annual fee on grant of tour operator licence

140LTour operator licence conditions

140MContravention of condition an offence

140NVariation of licence to operate as activity provider or tour operator on Crown land

140OSuspension of tour operator licence

140PMaking submissions on suspension

140QCancellation of tour operator licence

Bee site licences

141Person may apply for bee site licence

142Minister may grant bee site licence

143Land over which bee site licence may be granted

144Fees to be determined by Minister

145Conditions relating to access to a bee site licence area

146Transfer of bee site licence

147Process on expiry of current bee site licence

148Application of presumption of bee site licence

149Offences

Subdivision 3—Grant of leaseholds

151AAMetropolitan lessees may obtain grant of land

Division 9A—Plantation areas

151ADefinitions

151BProclamation of land for plantation areas

151CApplication for grant of plantation area

151DInvestigation of application

151EGrant of lease

151FPlanting of trees by lessee

151GRoad charges

151HAssignment, mortgage etc. of lease

151JCancellation of lease

151KPower to lessee to erect buildings

151LProperty in trees where lease cancelled or expired

Division 11—Residence areas

163Definitions

165No new residence area rights to be granted

166Holder of right to have exclusive occupation of land

167Cancellation of right to occupy residence area

168Removal of buildings

169Compensation on resumption by Crown

170Power to let

171Power to inspect entries in mining registers

172Power to excise land from certain streets

173Right of holder of residence area to purchase land

174Residence area right may be converted to purchase lease

175Liens and encumbrances to be discharged

176Forfeiture of lease

177On payment of purchase price lessee entitled to Crown grant

Division 12—Commons

179Common lands

180Saving of existing commons

181Governor in Council may proclaim commons

182Appointment of managers and regulations

183Management

183AMunicipality may raise funds by allowing use of common

184Governor in Council may increase or diminish commons

185Lands taken from commons

Division 13—Trespasses, penalties, legal proceedings etc.

186Penalty where land officer applies for allotment

187Penalty for false statement etc. in relation to application

188Penalty for unauthorized occupation or depasturing on certain lands

188AMagistrates' Court may order removal of buildings etc.

190Penalty for trespasses on Crown lands

190AOffence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land

191Penalty for depositing rubbish on Crown lands

192Obliteration of boundary mark

193Rights of licensee and lessee against trespassers

194Unauthorized occupier may be forcibly dispossessed

195Hearing

196Recovery of rent and licence-fees

197Demand for or acceptance of rent etc. not to be deemed a waiver or breach of covenant or condition

198Certificates of Minister prima facie evidence of non‑payment of fees or rent

199Governor in Council may prohibit felling timber etc.

200Proof

201Certificate of Secretary to be prima facie evidence that land is unalienated Crown land

201AJudicial notice of signature

202Declarations of forfeiture valid

203Appeals

Division 14—Miscellaneous

204All Crown grants and certain licences and leases to contain condition permitting mining on compensation for surface damage

205Lands alienated to be subject to conditions for mining

208Exchange of Crown and private land upon alteration of road

209Resumption of land for roads

210Declaration to be made by appraiser

211Applicants for licences rights or leases before commencement of Act not prejudiced

214Travelling cattle

215Notice to be given to occupier of land of intention to drive travelling cattle or sheep

216Survey officers may enter upon private lands

217Privilege of public officers on duty and of holders of miner's rights

218Leases may provide for removal of buildings and restoration of land

225Unbranded wild cattle to belong to Crown

228Interest on rent etc. in arrear

229Agreement with electricity company

Part III—Leases of agricultural college lands

273Demises

Part V—Development leases

302Definitions

303Power to Governor in Council to grant development leases

304Power to suspend development in certain circumstances

305Power to Governor in Council to make necessary grants to settlers and a grant to the Society

306Licence entitling Society to enter and make tests on land in Thirteenth Schedule

307Development Leases Consultative Committee

Part VIII—Leases and licences for electric lines

334Power to lease or license land for construction thereon of electric line

335Covenants conditions etc. of lease or licence

336Notice of application

337Mining not restricted

338Copy of lease or licence to be laid before Parliament before issue

Part IX—General

339Lands of the Crown to be alienated only down to such depth as Governor in Council directs

339AAlienation of Crown land in strata

339BEasements ancillary to alienation in strata

340Right to metals and minerals not to go with the land

341Crown lands enhanced in value by proximity of railway or waterworks etc.

342Additional price how to be paid and applied

343Mode of application where Crown land benefited by more than one work

344Additional sums paid as purchase money or rent to be returned where works not constructed within ten years

345Mode of alienation of Crown lands under previous Acts not to be affected

346Power to include certain pieces of land in leases licences or Crown grants of adjoining land

347Value where land contains any fractional part of an hectare

348Crown grants of roads used for railways

349Power to close certain unused roads on Crown lands

350Power to set apart certain portions of roads for tree planting

351Power of Minister to postpone payment of rent or instalments

352Power to add interest to price of land

353Exemption of portion of certain half-yearly payments of rent if portion of mountainous land under clean grass or cultivation

354Lease forfeited for non-payment of rent not to be revived before revocation of forfeiture

355Transfers of leases of Crown lands not to be registered unless all rents etc. have been paid

356Condition for suspension of payment of licence-fees rent etc.

358Extensions of selection purchase and conditional purchase leases to be registered in the Office of Titles

359Issue of a lease where applicant dies or becomes bankrupt before lease executed

360Enforcement of forfeitures

361Minister may waive covenant or condition as to residence

362Propagation of blue mallee

362ACertain conditions reservations etc. in a Crown grant may be declared to be no longer necessary

362BConstruction of certain Crown grants

362CConstruction of licences

Part X—Vacant and unclaimed lands

363Definitions

364Sale of vacant unclaimed land in certain undelivered and unregistered Crown grants

365Application of purchase money

366Power for Court to make orders on application as to the surplus moneys

367Subject to order of court surplus moneys after lapse of three years to become property of Crown

368Application to Registrar for delivery or registration of grant

369Power of applicant to summon Registrar to show cause if dissatisfied

370If application granted certain payments to be made by applicant before delivery or registration

371Minister to send purchaser's Crown grant to Registrar with contract of sale

372No claim to lie against the Crown or Minister

374Fees

Part XII—Bed and banks of certain watercourses

384Definitions

385Crown property in bed and banks of certain watercourses

386Access etc. to bed and banks of certain watercourses

Part XIII—Unused roads and water frontages

399Definitions

400Power to municipal councils to specify roads as unused

401ARight of entry to licensed water frontages for recreational purposes

402Right to enter and use an unused road

403Duty to obtain licence to use water frontage

404Liability to pay occupation fees after notice

406Effect of cancellation of a licence

407Re-opening of licensed closed road or water frontage

409Penalty for damaging fence or leaving gate open

410Recovery of fees and penalties

411Municipal councils to be notified of grant, transfer etc. of licences

Part XIIIA—Limitation of jurisdiction of Supreme Court

412Supreme Court—Limitation of jurisdiction

Part XIV—Regulations

413Regulations

413ATour operator licence regulations

413BPayment of refunds

Part XV—Transitional provisions

418Transitional provision for holders of agricultural licences—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

419Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021

Schedules

Schedule Two A

Schedule Two B

Schedule Three A

Schedule Three B

Sixth Schedule

Seventh Schedule

Schedule Seven A

Eighth Schedule

Ninth Schedule

Thirteenth Schedule

Fourteenth Schedule

Fifteenth Schedule

Sixteenth Schedule

Seventeenth Schedule

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 155

Land Act 1958

No. 6284 of 1958

Version incorporating amendments as at

22 October 2025

An Act to consolidate the Law relating to the Sale and Occupation of Crown Lands

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Land Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

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2ADefinitions

In this Act, unless inconsistent with the context or subject-matter—

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

authorised officer means a person appointed as an authorised officer for the purposes of this Act under—

(a)Part 9 of the Conservation, Forests and Lands Act 1987; or

(b)Part 3 of the Victorian Fisheries Authority Act 2016; or

(c)Part 3 of the Game Management Authority Act 2014;

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Department has the same meaning as in the Conservation, Forests and Lands Act 1987;

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Great Ocean Road coast and parks has the same meaning as in section 3 of the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

land manager means—

(a)for Parks Victoria recorded land, Parks Victoria; or

(b)for land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q of the Great Ocean Road and Environs Protection Act 2020, the Great Ocean Road Coast and Parks Authority; or

(c)for all other land, the Secretary;

licensed water frontage means water frontage which is under a licence under Division 8 of Part I or section 138;

municipal council has the same meaning as Council has in the Local Government Act 2020;

Parks Victoria has the same meaning as in the Parks Victoria Act 2018;

police officer has the same meaning as in the Victoria Police Act 2013;

regulated watercourse land means Crown land within 200 metres of the bank of a watercourse within the meaning of Part XII which is not any one or more of the following—

(a)under a lease or a residence area right;

(b)vested in trustees or in a municipal council;

(c)placed under the control of a public authority other than the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority;

(d)land in respect of which a committee of management has been appointed under the Crown Land (Reserves) Act 1978;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

tour operator licence means a licence granted under section 140I;

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act1987;

water frontage means Crown land (including land temporarily or permanently reserved)—

(a)which has a frontage to the sea or a watercourse within the meaning of Part XII; and

(b)which is not under a lease, licence or residence area right; and

(c)which is not reserved as a water reserve along any public road under the Crown Land (Reserves) Act 1978; and

(d)which is not—

(i)vested in trustees or in a municipal council; or

(ii)placed under the control of a public authority other than Parks Victoria or the Great Ocean Road Coast and Parks Authority; or

(iii)land in respect of which a committee of management has been appointed under the Crown Land (Reserves) Act 1978.

2BTraditional owner agreement for natural resources

If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than section 409) does not apply to a member of the traditional owner group—

(a)who is bound by the agreement; and

(b)who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

PART I—CROWN LANDS GENERALLY

Introductory

3Definitions

(1)In this Part unless inconsistent with the context or subject-matter—

accepted recommendation means—

(a)in relation to a report under

section 23 or 26E of the Victorian Environmental Assessment Council Act 2001—

(i)the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

(ii)if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or

(b)if there is no response to which paragraph (a)(i) or (ii) applies,

the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

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agriculture includes horticulture and grazing;

bee site licence means a licence granted under section 142(1) for the purpose of keeping hives or farming bees;

bee site licence area means the area of land over which a bee site licence is granted;

bee site licence fee means the fee for the grant of a bee site licence determined by the Minister in accordance with section 144;

bee site licensee means a person who holds a current bee site licence;

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cattle in Divisions eight and fourteen of this Part includes bulls cows oxen heifers steers calves horses mares geldings colts and fillies;

cattle in Divisions twelve and thirteen of this Part includes bulls cows oxen heifers steers calves horses mares geldings colts fillies asses mules sheep and goats;

country lands means any lands not situate within any city town or borough;

cultivate includes planting cereal or root crops planting an orchard vineyard nursery shrubbery or wattles or other trees or laying down land with artificial grasses;

domestic partner of a person means—

(a)a person who is in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

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film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

forest produce means forest produce within the meaning of the Forests Act 1958;

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metropolis means the waterway management district of Melbourne Water Corporation under the Water Act 1989;

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noxious weed has the same meaning as in the Catchment and Land Protection Act 1994;

occupy in Division four of this Part means except where otherwise expressly provided residence by a selection purchase lessee in his own proper person on or within nine kilometres of his allotment;

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Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;

Part means Part of this Act;

perpetual lessee includes any transferee assignee and representative of a perpetual lessee and any person to whom the interest of a perpetual lessee comes by operation of law and shall be deemed to be included in the terms owner and proprietor in every Act where such terms refer to lands;

pest animal means a pest animal under the Catchment and Land Protection Act 1994;

protected forest means protected forest within the meaning of the Forests Act 1958;

regulations means regulations made under this Act;

road includes—

(a)a street; and

(b)Crown land delineated or shown as a road in any original map or plan in the Central Plan Office in accordance with which Crown land has or may have been sold, leased or licensed, or become subject to a residence area right, excluding formed or metalled roads constructed or maintained by a municipal council; and

(c)Crown land proclaimed to be a road under section 25(3)(c) or under a corresponding previous enactment or under any other Act relating to Crown lands; and

(d)Crown land which has or may have been reserved as a road under the Crown Land (Reserves) Act 1978 and the reservation published in the Government Gazette—

but does not include any road or street on land alienated in fee simple by the Crown;

selector under any previous Land Act or Acts means any person who has selected Crown lands under Part II of The Land Act 1862 or who has become a lessee of any Crown lands under Part II of The Amending Land Act 1865 or who is or has been a licensee under Part II of The Land Act 1869 or who has selected land under Part I of the Land Act 1915 or any amendment thereof or any corresponding previous enactment;

spouse of a person means a person to whom the person is married;

stratum of Crown land means a part of Crown land consisting of a space of any shape below, on or above the surface of the land or partly below and partly above the surface of the land, all the dimensions of which are limited;

substantial and permanent improvements includes dams wells cultivation fencing clearing or draining of a selection purchase allotment and the erecting of a habitable dwelling or farm or other buildings upon and permanently attached to the soil;

traveller means a person travelling with cattle as defined for the purposes of Division twelve or sheep for the bona fide purpose of taking the said cattle or sheep to and leaving them at a market or some other appointed place, but it does not mean any person travelling or who appears or who is deemed hereunder to be travelling with cattle or sheep for the purpose of depasturing the same upon or on either side of any road or track commonly used as a thoroughfare or leading to any auriferous Crown lands on which persons are actually engaged in mining for gold or upon any common, and the burden of proving such bona fide purpose aforesaid and of disproving such purpose of depasturing aforesaid shall in all criminal and civil proceedings whatsoever lie upon the person so travelling with cattle or sheep or upon the party who is interested in proving that such person was a "traveller" within the meaning of this Part;

unused road means a road or any part of a road which is the subject of a notice under section 400(1).

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(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

3AApplication of Road Management Act 2004

(1)A road under this Act (other than a road to which section 400 applies) is a road for the purposes of the Road Management Act 2004 but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the Road Management Act 2004.

(2)The relevant road authority for the purposes of the Road Management Act 2004 is, subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004—

(a)the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or

(b)if no notice is published, the Secretary.

(3)Nothing in the Road Management Act 2004 is to be construed as requiring that a road which is specified to be an unused road under section 400 must be opened to the public or maintained.

3BTransport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

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4AMinister may purchase lands

(1)The Minister may purchase by agreement for and on behalf of His Majesty any land—

(a)which is attached to land purchased by the Minister pursuant to section 5(1) of the Crown Land (Reserves) Act 1978; or

(b)which is wholly or partly surrounded by Crown land and would in the Minister's opinion, be best dealt with in conjunction with that Crown land.

(2)The Minister may purchase land under subsection (1) subject to the condition that the vendor may continue to occupy the land for the vendor's lifetime or any period agreed to by the Minister.

(3)Any land purchased pursuant to this section shall be surrendered and transferred or conveyed to His Majesty and shall thereupon be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein.

4BManagement agreements with Traditional Owner Land Management Boards

(1)The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

(a)the management of any unreserved Crown land under this Act that is appointed land of that Board; or

(b)the carrying out of specified functions, powers or duties in relation to the management of any unreserved Crown land under this Act that is appointed land of that Board.

(2)The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (1) in relation to Parks Victoria recorded land.

(2A)The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to land controlled and managed by the Great Ocean Road Coast and Parks Authority.

(3)In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

(4)If an agreement under subsection (1)—

(a)provides for a Traditional Owner Land Management Board to manage any unreserved Crown land under this Act that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or

(b)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any unreserved Crown land under this Act that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement.

(4A)If an agreement under subsection (1)—

(a)provides for a Traditional Owner Land Management Board to manage any land that is unreserved Crown land and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or

(b)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is unreserved Crown land and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.

(5)Subsections (4) and (4A) have effect despite any provision of this Act or any other enactment to the contrary.

4CLand to be managed consistently with joint management plan

If any appointed land of a Traditional Owner Land Management Board constitutes land managed under this Act, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.

5Filming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

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Division 2—Grants and reservations

12Governor in Council or Minister may convey land under this Part

(1)Under and subject to the provisions of this Part but not otherwise, the Governor in Council or the Minister in the name and on behalf of His Majesty may grant convey or otherwise dispose of lands for the time being belonging to the Crown for such estate or interest as in each case is hereby authorized and for none other.

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12AExchange of Crown land

(1)If it appears to the Minister at any time that—

(a)land is required for a public purpose and should be reserved under section 4 of the Crown Land (Reserves) Act 1978;

(b)the acquisition of land would enhance the public use and enjoyment of Crown land reserved under section 4 of the Crown Land (Reserves) Act 1978; or

(c)the acquisition of land would rationalize the boundaries between any private land and any land reserved under section 4 of the Crown Land (Reserves) Act 1978—

the Minister may enter into an agreement with the owner of the land sought to be acquired to exchange that land for any Crown land where the Crown land is not land permanently reserved for a public purpose under the Crown Land (Reserves) Act 1978.

(2)Where the Minister enters into an agreement under subsection (1) he may also agree, where the value of the Crown land is not equal to the value of the land for which it is exchanged, to pay to or receive from the owner (as the case requires) an amount of money equal to that difference and may pay or receive such an amount in accordance with the agreement.

(3)The Governor in Council shall grant, in accordance with the terms of an agreement made under subsection (1), the Crown land referred to in the agreement to the person to whom it is agreed under the agreement that the Crown land should be granted.

(4)Land which is agreed upon in an agreement made under subsection (1) as land which is to revert to the Crown shall on surrender and transfer or conveyance to His Majesty become and be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein.

(5)The Minister shall, not less than 14 days before entering into an agreement under subsection (1) publish, in the Government Gazette and in the district in which the land the subject of the agreement is situated, a notice specifying—

(a)the particulars of the Crown land to be exchanged; and

(b)the particulars of the land for which the Crown land is to be exchanged under the agreement.

13Land acquired by Crown or Board may be conveyed

Subject to the provisions of any Act any land acquired by purchase or otherwise by the Crown and conveyed to His Majesty or to the Board of Land and Works (except land acquired for railway purposes) or to the Minister of Public Works may be sold granted conveyed or otherwise disposed of by the Governor in Council in the name and on behalf of His Majesty in the same manner and form but not otherwise as if such land had never been alienated from the Crown.

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17Registration of Crown purchases to have same effect as enrolment

Every registration heretofore made, under the Real Property Statute 1864 or under any previously existing Act concerning the registration of deeds and conveyances affecting land, of a memorial of any grant conveyance or surrender to His Majesty of any freehold or leasehold land or any estate or interest therein, and every registration heretofore made under Act No. 140 or under the Transfer of Land Statute of any surrender or transfer to His Majesty of any estate or interest in any freehold or leasehold land under the operation or subject to the provisions of the last-mentioned Acts or either of them, and every registration which has been or is made under the Property Law Act 1958 or any corresponding previous enactment of any such memorials as aforesaid or under the Transfer of Land Act 1958 or any corresponding previous enactment of any such surrender or transfer as aforesaid, shall respectively be deemed to have been and shall be an enrolment of record of such grant conveyance surrender or transfer respectively.

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22APower to public authorities to surrender lands

(1)Where any land is vested in an authority the authority may notwithstanding anything in any Act with the consent of the Governor in Council—

(a)surrender the land or any part thereof to the Crown;

(b)agree with any other authority to transfer the land or any part thereof to that other authority;

(c)agree with any other authority to exchange the land for land vested in that other authority.

(2)Where pursuant to this section an authority has agreed to transfer land to another authority it shall surrender the land to the Crown and the Governor in Council may by order published in the Government Gazette vest the land subject to and in accordance with the agreement in the other authority for the appropriate purposes of that other authority.

(3)Where pursuant to this section an authority has agreed with another authority to exchange land each authority shall surrender the land agreed to be exchanged to the Crown and the Governor in Council may by order published in the Government Gazette vest the land so surrendered subject to and in accordance with the agreement in the respective authorities for the appropriate purposes of those authorities respectively.

(4)(a)  Where pursuant to subsection (1) of this section an authority surrenders land the Governor in Council by order published in the Government Gazette may make any amendment necessary in consequence of such surrender to any provision in any Act in which any land of the authority is described.

(b)Where pursuant to subsection (2) or subsection (3) of this section any land is surrendered by an authority and by Order in Council vested in another authority the Governor in Council by the same order may make any amendment necessary in consequence of such surrender or vesting to any provision in any Act in which any land of the respective authorities is described.

(5)In this section authority means any body corporate constituted by an Act of Parliament for a public purpose.

(6)Nothing in this section shall limit the operation of the Transport Integration Act 2010 or the Road Management Act 2004.

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22CAttorney-General may authorize surrender of lands to His Majesty

(1)Subject to this section—

(a)the registered proprietor of or the person seized of an estate in fee-simple in any land—

(i)referred to in Schedule Two A; or

(ii)declared by the Governor in Council pursuant to subsection (2) to be land to which this section applies; and

(b)the municipal council of the municipal district in which any land referred to in Schedule Two B is situated—

may make application to the Attorney-General in or to the effect of the form prescribed for authority under this section to surrender the land concerned to His Majesty.

(2)Any land (other than land permanently reserved pursuant to section 4 of the Crown Land (Reserves) Act 1978) which the clerk of the municipal council concerned has certified to be land which is or has been used for any cultural sporting or recreational purpose or for any purpose referred to in section 4 of the Crown Land (Reserves) Act 1978 may be declared by the Governor in Council, by proclamation published in the Government Gazette, to be land to which this section applies.

(3)Not less than 30 days and not more than 60 days before an application is made to the Attorney-General for authority under this section to surrender any land, a notice of intention to so apply, in or to the effect of the form prescribed, shall be published in a newspaper circulating generally in Victoria and in a newspaper circulating generally in the district in which the land is situated.

(4)Upon receipt of an application under this section and after consultation with the Minister, the Attorney-General—

(a)if satisfied that notice has been published in accordance with subsection (3); and

(b)after consideration—

(i)of any objections lodged pursuant to the notice; and

(ii)of the effect of the proposed surrender on any interest in the land concerned appearing from the Register kept pursuant to the Transfer of Land Act 1958 or registered in the office of the Registrar-General (as the case requires)—

may, notwithstanding anything in any instrument or in any other Act and subject to any conditions he thinks fit, authorize the applicant to surrender to His Majesty the land in respect of which the application is made.

22DSurrender of land by municipality

(1)Where the Attorney-General has authorized a municipal council to surrender any land the municipal council shall as soon as practicable thereafter execute an instrument of transfer and surrender or an instrument of conveyance (as the case requires) of the land to His Majesty.

(2)An instrument executed by a municipal council pursuant to subsection (1) shall as nearly as may be have the same force and effect as if it had been executed by the registered proprietor of or the person seized of an estate in fee-simple in the land concerned.

22ESurrendered land to be deemed unalienated land of Crown

(1)Upon registration in the Office of Titles of a transfer and surrender or of a conveyance to His Majesty of any land pursuant to an authority granted under section 22C the land shall be deemed to be unalienated land of the Crown freed and discharged from all trusts encumbrances limitations and restrictions whatsoever and from every estate or interest therein.

(2)Upon the surrender to His Majesty pursuant to an authority granted under section 22C of any land held upon trust, the trustees of the land shall in respect of that land be freed and discharged from all further duties and liabilities under the trust.

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23Escheated and forfeited lands may be conveyed

When His Majesty has become or hereafter becomes entitled to any land by reason of intestacy or of any forfeiture or of the same having been purchased or held by or for the use of or in trust for any alien or aliens contrary to the provisions of any law for the time being in force, the Governor in Council may if he thinks fit grant such lands or any part thereof in fee simple or for any less estate to any person for the purpose of restoring the same to any of the family of the person whose estate the same had been or of carrying into effect any intended grant conveyance or devise of such last-mentioned person in relation thereto or of rewarding any person making discovery of such intestacy and its consequences or of His Majesty's right and title to such land or in default such land may be dealt with in the same manner as land not alienated by the Crown.

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25Governor in Council may divide territory into counties etc.

(1)The Governor in Council may subdivide any county into parishes and townships and by proclamation published in the Government Gazette may define the boundaries of such parishes and townships and distinguish each by a name.

(2)After such proclamation the territory comprised within the boundaries of any of the said subdivisions shall thenceforward be recognized as a parish or township by the name so given as aforesaid.

(3)The Governor in Council may—

(a)alter by proclamation as aforesaid the name of any county parish or township within the State of Victoria or substitute by proclamation as aforesaid the designation "township" for the designation "town" or "village" in respect of any territory proclaimed as a town or village pursuant to any repealed Act relating to the sale and occupation of Crown lands;

(b)diminish or extend by proclamation as aforesaid the area of any county or parish or alter the boundaries or name thereof and add the territory taken away from one county to any adjacent county or the territory taken away from one parish to any adjacent parish and divide any county into two or more counties or any parish into two or more parishes and give to each a distinguishing name;

(c)proclaim from time to time by a notice published in the Government Gazette any portion or portions of Crown lands as a street or road or as a township;

(d)annul and rescind from time to time by a notice published in the Government Gazette any proclamation made under this or any repealed Act of any portion or portions of Crown lands as townships or villages or diminish or extend from time to time by a notice published in the Government Gazette the area of any town or township the subject of any such previous proclamation.

(4)The lands upon which such street or road has been proclaimed shall be and be deemed to be thenceforth dedicated to the public.

(5)A document describing Crown land as a road is evidence, and in the absence of evidence to the contrary, is proof that the land is a road within the meaning of this Act.

(6)Subsection (5) applies to—

(a)a map or plan in the Central Plan Office showing or delineating land as a road; or

(b)a copy of the Government Gazette containing a proclamation of land as a road; or

(c)a copy of the Government Gazette containing an instrument reserving or purporting to reserve land as a road.

26Crown grants and leases to be dated

Notwithstanding any law or usage to the contrary, every Crown grant and lease hereafter issued shall bear the date on which the person named therein as grantee or lessee respectively first became entitled to such grant or lease, and the registration thereof under the Transfer of Land Act 1958 shall be deemed to be an enrolment of record thereof, and such enrolment shall relate back to the date of the grant or lease.

Division 3—Administration

27Appointment of land office and land officer

There shall be one or more land officers and one or more land offices for the purpose of receiving applications in respect of Crown lands and payments on account thereof; and no such officer shall directly or indirectly become the licensee or lessee of any Crown land within the district to which he is appointed.

28Application for a lease or licence

Any person may on any day during office hours deliver or cause to be delivered any such application to a land officer acting in the district.

29Applications to be entered

Every application shall be received and entered in its order in a book to be kept for that purpose.

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31Duties of authorised officers

(1)Every authorised officer shall—

(a)prevent intrusion encroachment or trespass on any Crown land;

(b)levy or recover rent or licence fees payable in respect of Crown land;

(c)take and recover possession of any allotment or lands forfeited under this or any other Act;

(d)carry out any other duties imposed under this Act;

(e)enforce any regulation made under this Act or under section 13 of the Crown Land (Reserves) Act 1978;

(f)carry out such other duties as may be directed by the Minister.

(2)An authorised officer shall have the like power and authority to do all such acts as any authorised officer lawfully appointed may by law do in respect of any lands tenements or hereditaments of his employer; and every such authorised officer may file a charge-sheet charging an offence against any person who is in unauthorized occupation whether under colour of any licence or lease or otherwise of any Crown lands, or whose right to occupy such lands has ceased, and may sue for and recover any penalty from any person liable to forfeit the same.

(3)Any person who obstructs or assaults or incites or encourages any person to obstruct resist or assault an authorised officer in the execution of his duty under this Act or who threatens or abuses any such authorised officer shall be guilty of an offence against this Act and liable to a penalty not exceeding 2×5 penalty units or imprisonment not exceeding 3 months.

(4)An authorised officer may seize and remove any vehicle or vessel parked or left without lawful authority on any Crown land and may retain the vehicle or vessel (either in a garage or elsewhere) until the owner reimburses the Crown for the cost of the removal, retention and release of the vehicle or vessel.

(5)Where an authorised officer reasonably believes that a person has contravened or is contravening any provision of this Act or the Crown Land (Reserves) Act 1978 or any regulation made under either Act, the authorised officer may ask the person to state the person's name and address.

(6)A person who is asked pursuant to subsection (5) to state the person's name and address and fails to do so or states a false name or address shall be guilty of an offence.

Penalty:5 penalty units.

32Authority of persons appointed under this Act

The Governor in Council or the Minister respectively may in all cases where power is given by this Act to appoint or authorize any person for a particular purpose or to do a particular act, appoint or authorize such person generally for any such purpose or to do all acts of the same or the like nature; and such person may do all things within the scope of such general authority in all cases to which his appointment or authority purports or can be construed to extend.

33Several persons may be appointed to do the same act

Whenever any person has been or may be appointed in pursuance of this Act as the person to perform any act or with regard to whom any act is to be performed, it shall nevertheless be lawful to appoint some other person to be the person to perform such act or with regard to whom such act is to be performed.

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36Power to Governor in Council to withdraw lands from sale etc.

The Governor in Council may if he thinks fit withhold or withdraw from sale leasing or licensing any land or allotment.

37Minister to lay annual report before Parliament

The Minister shall annually lay or cause to be laid before both Houses of Parliament a report of the proceedings taken under the provisions of Parts I and II during the financial year ending on the last day of June preceding the date of such report.

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Division 4—Perpetual leases

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53Power to select allotment under perpetual lease

Where pursuant to the provisions of this Act or any repealed Act or to the covenants or conditions of any lease granted thereunder any person is entitled to apply to select any land as a selection purchase allotment such person may apply to select such allotment under a perpetual lease, and subject to this Part a perpetual lease thereof may be granted to such person accordingly.

54Application of subdivision

Where power is given to any person to apply to select any land under a perpetual lease such lease shall, unless modified or otherwise expressly provided, be subject to all the provisions of this subdivision.

55Conditions in perpetual lease

(1)Every perpetual lease shall be issued by the Governor in Council, and shall contain the following conditions namely—

(a)a condition for the payment in advance of the yearly rent;

(b)a condition that the perpetual lessee shall at once and to the satisfaction of the Minister commence and continue to eradicate or control and will within two years after the issue of the perpetual lease have eradicated or controlled to the satisfaction of the Minister the pest animals upon the land demised, and that the lessee will keep the land free of pest animals and noxious weeds within the meaning of the Catchment and Land Protection Act 1994 to the satisfaction of the Minister;

(c)a condition that the perpetual lessee shall within six years from the issue of the perpetual lease if not sooner called upon under the provisions of the Fences Act 1968 enclose the land demised with a fence and keep the same in repair provided however that where any lessee proves to the satisfaction of the Minister that owing to the physical conditions or the nature of the land demised the enclosing thereof with a fence would be impracticable or where in the opinion of the Minister the fencing of the whole or any part of the land demised is not required, the Minister may in writing accept as a compliance with the fencing covenant the expenditure by the lessee on such land for substantial and permanent improvements previously approved by the Minister of an amount equivalent in the Minister's opinion to the cost of fencing;

(d)a condition that the perpetual lessee his executors administrators or assigns shall within six months after the granting of the perpetual lease reside upon the land demised or within nine kilometres thereof and that he shall reside upon the land demised or within nine kilometres thereof for at least six months during the first year of the term of such lease and for at least eight months during each of the second third fourth and fifth years of such term, provided that if he cultivates at least one-fourth of the land demised within the first two years of such term and at least one-half thereof before the end of the fourth year of such term this condition as to residence shall not operate;

(e)a condition that the perpetual lessee shall on the land demised make substantial and permanent improvements certified in writing signed by the Minister not exceeding the value of $2.50 for every hectare of the said land before the end of the third year from the commencement of the lease, and not exceeding the value of $2.50 for every hectare before the end of the sixth year from such commencement;

(f)a condition that the lease shall be voidable at the will of the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the perpetual lessee[1];

(g)a condition that the perpetual lessee will not transfer assign mortgage sublet or part with the possession of the whole or any part of the land demised within the first six years of such lease. Where any lease is assigned to any person by the trustee assignee or receiver in bankruptcy or the executors or administrators of the lessee such lessee not having personally resided on the land demised pursuant to the conditions of the lease or no proof satisfactory to the Minister being given of such residence the Governor in Council may date such assigned lease so as to enable the new lessee to comply with the said condition of residence contained in the lease and may make such adjustments of rent as are necessary and the said lease shall be read and construed accordingly;

(h)a condition that if any time after the expiration of the first six years of such lease the Minister is satisfied that all the covenants and conditions thereof have been complied with and that no rent is due thereon the perpetual lessee may with the written consent of the Minister transfer mortgage sublet or part with the possession of the whole or any part of the land demised; and

(i)a condition that the Governor in Council or the Minister may at any time enter upon the whole or portion of the land demised for the purpose of resuming any land comprised therein and required for reserves for public purposes roads railways canals reservoirs or for mining purposes. Every perpetual lessee shall upon such entry remove any improvements from his leasehold or part thereof and relinquish and give up possession of the said leasehold or part to His Majesty. There shall be paid by His Majesty the actual cost of removing and re-erecting, and any actual depreciation in value caused by such removal and re‑erection of his improvements and the amount of loss sustained in consequence of relinquishing improvements not removable. Such cost or amount shall be fixed by the Minister but shall not include compensation for severance or for any person's interest in the perpetual lease and may be paid to such person or persons as the Minister determines.

(2)Every perpetual lease shall also be subject to such conditions as may be provided by regulations.

56Rent under perpetual lease

(1)Subject to this section, for every successive 10‑year period, the rent payable by the perpetual lessee (other than the perpetual lessee of any swamp or reclaimed land) is the amount for each year fixed by the Minister at the start of that 10‑year period.

(2)The rent payable by a perpetual lessee for any swamp or reclaimed land is 4 per cent for each year of the value of the land as assessed by the Minister under subsection (3).

(3)For the purposes of subsection (2), the Minister must reassess the value of the land every 10 years.

(4)For the purposes of subsection (3), when any swamp or reclaimed land is being reassessed, any improvements on the land which do not belong to the Crown must not be included in or added to the value of the land.

(5)Despite subsection (2), if the Minister is satisfied that in the circumstances of any particular case a higher or lower rent should be charged during any successive period for the perpetual lease of any swamp or reclaimed land—

(a)the Governor in Council may from time to time by Order published in the Government Gazette increase or decrease the rent for that part of the remainder of that successive period as is specified in the Order; and

(b)the increased or decreased rent is payable from the date of the Order or any later date specified in the Order.

(6)For the purposes of subsection (1), for a perpetual lease to which old section 56 applied immediately before the commencement of section 40 of the 2020 amending Act, the 10-year period applying to that lease immediately before that commencement—

(a)is taken to continue to apply to that lease after that commencement; and

(b)is taken to expire at the same time as the period would have expired if section 40 of the 2020 amending Act had not been enacted.

(7)For the purposes of subsection (2), for any swamp or reclaimed land to which old section 56 applied immediately before the commencement of section 40 of the 2020 amending Act, the 10-year period applying to the assessment of the value of that land immediately before that commencement—

(a)is taken to continue to apply to that land after that commencement; and

(b)is taken to expire at the same time as the period would have expired if section 40 of the 2020 amending Act had not been enacted.

(8)In this section—

old section 56 means section 56 of this Act as in force before the commencement of section 40 of the 2020 amending Act;

2020 amending Act means the Parks and Crown Land Legislation Amendment Act 2020.

57Recovery of rent and interest[2]

The Minister shall have the same powers for the levying or recovery of rent under the perpetual lease and of interest thereon as by law he has with respect to the levying or recovery of rent under this Part.

58Power of perpetual lessee to surrender lease

(1)Any perpetual lessee who has selected land on which no arrears of rent are due may in writing apply at any time for permission to surrender the lessee's lease to His Majesty.

(2)If the Minister is satisfied that the applicant holds the allotment bona fide for his sole use and benefit and that such surrender is approved of in writing by any mortgagee or lienee of such lease the Governor in Council may if he thinks fit accept such surrender and on payment of such fee as may be prescribed issue to such applicant a selection purchase lease (residential or non-residential) for such allotment.

59Ante-dating of lease

(1)Any applicant who has been granted a selection purchase allotment under the provisions of the last preceding section and who proves to the satisfaction of the Minister that he has occupied his allotment may if the Minister thinks fit have his selection purchase lease therefor dated from the first day of January or the first day of July in the half-year in which he commenced to occupy such allotment; and in the event of his occupation of such allotment not having been continuous may if the Minister thinks fit have his selection purchase lease therefor so dated from the first day of January or the first day of July in any year as to cover in the aggregate the periods during which he has so occupied his allotment and such selection purchase lease shall thereupon be deemed to have been issued on such date.

(2)Such selection purchase lease shall not be issued until the applicant pays the amount of rent which would have been payable under the selection purchase lease if it had been issued on the date thereof.

(3)The applicant on the issue to him of the selection purchase lease shall be entitled to have all substantial and permanent improvements valued by the Minister and to be credited with the same as if made under and pursuant to the conditions and covenants of the selection purchase lease.

(4)The Governor in Council may in the selection purchase lease make all necessary adjustments accordingly.

(5)Where a selection purchase lease is issued pursuant to the last preceding section the selection purchase lessee may at any time during the first six years of the term of the selection purchase lease give to any person who at the time of surrender of the perpetual lease was a mortgagee thereof a lien on his improvements to the full amount due on such mortgage at the time of such surrender; and the provisions of this Act relating to liens shall apply to the lien given pursuant to this section.

(6)The Minister may if he thinks fit direct that the whole or any part of the rent paid on account of a surrendered perpetual lease shall be credited as part of the rent payable on the selection purchase allotment, and that any occupation of the land comprised in the surrendered perpetual lease shall be deemed and taken to be occupation under the selection purchase lease.

60Limit of land to be held under perpetual lease

(1)No person shall hold under this Part as perpetual lessee either in his own name or the name or names of any other person or persons more than 1170 hectares of land.

(2)If any person except as hereinafter mentioned holds lands or any estate or interest in lands contrary to the provisions of this section, such lands or so much thereof as may be held contrary to the provisions of this section shall be liable to be forfeited to His Majesty, and the particular lands to be so liable to be forfeited shall be determined by the following rules:

(a)if a person who is a perpetual lessee of lands not exceeding 1170 hectares becomes the perpetual lessee of other lands so as to exceed that limit, that person's estate or interest in the lands which exceed that limit are liable to be forfeited;

(b)a person referred to in paragraph (a) forfeits none of the lands of which that person was the owner before he or she exceeded the limit of 1170 hectares;

(c)the Minister may determine, by notice in writing given to the lessee, which part of the lands in excess of the limit are liable to be forfeited.

(3)If any person by or under any will or as one of the next of kin of any deceased person or by reason of any estate or interest in expectancy falling into possession or by survivorship or by the foreclosure of any mortgage becomes the perpetual lessee of any lands and by reason thereof he becomes such perpetual lessee of land to a greater extent than the extent hereby permitted, such person shall not be deemed to hold such lands contrary to the provisions of this section until the expiration of five years from the death of the testator or intestate or the falling of such estate or interest into possession or the death of the person upon whose death any estate or interest accrues by survivorship to such first-mentioned person or the foreclosure of such mortgage as the case may be.

(4)If any mortgagee of any lands takes possession of such lands as perpetual lessee he shall after the expiration of five years from taking such possession be deemed to hold such lands as perpetual lessee within the meaning of this section.

(5)Every person holding any lands or any estate or interest in lands contrary to the provisions of this section, in addition to the liability to forfeiture hereinbefore provided for, shall be liable to a penalty of not more than 50 cents for every hectare of such lands held by him contrary to the provisions of this section, and an additional penalty of the same amount for every year he may hold the same.

(6)If lands become liable to be forfeited under the provisions of this section such lands may be forfeited while held by the person by whom the forfeiture was incurred or by any person claiming under him not being a bona fide purchaser for value, but such lands shall not be liable to be forfeited after they have passed into the hands of any bona fide purchaser for value claiming under any such person.

(7)If any person who is the perpetual lessee of lands to an extent beyond the extent of which any person is permitted to be the perpetual lessee is an infant or lunatic, any executor administrator or trustee in whom such lands may be vested on behalf of such infant or lunatic or if there is none the guardian (if any) of the estate of such infant or the committee or guardian of the estate of such lunatic shall sell such lands estate or interest or so much thereof as may be necessary to reduce the extent of which such infant or lunatic is the perpetual lessee to the extent permitted by this section and apply the proceeds as part of the estate of such infant or lunatic; and if such lands are so sold within five years after the date at which such infant or lunatic became the perpetual lessee of lands to an extent in excess of the extent permitted by this section such lands shall not be liable to forfeiture under the provisions of this section unless a forfeiture was incurred previous to such infant or lunatic becoming the perpetual lessee or to the lunacy of such lunatic; and such executor administrator trustee guardian or committee is hereby empowered and directed to execute proper transfers and assurances for the purpose of vesting such lands in the purchasers thereof which shall be as effectual for that purpose as if the infant or lunatic were of full age and sound mind and executed the same.

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61Encumbranced leases

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(2)Where any lease under this Act is subject to a registered encumbrance and the lessee obtains a Crown grant of such land (whether with or without any addition thereto or adjustment thereof)—

(a)such encumbrance shall without further or other authority than this Act be transferred and apply to such Crown grant and to the land thereby granted in all respects as if such Crown grant had been referred to in such encumbrance; and

(b)the Registrar of Titles must make a recording of the encumbrance on the relevant folio of the Register.

(2A)In subsection (2), lease under this Act includes a purchase lease issued under the Agricultural Colleges Act 1958.

(3)(a)  Where the lease of any land under any of the provisions of this Act is subject to a registered encumbrance and before the expiration of the term thereof a new lease of the same land (whether with or without any addition thereto or adjustment thereof) is granted to the lessee in substitution for such first-mentioned lease such encumbrance shall, if the Minister considers it equitable, be transferred and apply to such new lease and to the land thereby demised in all respects as if such new lease had been referred to in such encumbrance.

(b)Upon the grant of any new lease referred to in the last preceding paragraph the Minister shall forthwith furnish to the Registrar of Titles—

(i)a certificate signed by the Minister setting forth the registered encumbrances on the former lease which are to be transferred to the new lease; or

(ii)where no encumbrances are to be transferred a notification in writing to that effect.

(c)The Registrar of Titles must, upon receipt of such certificate, make a recording of the encumbrance on the relevant folio of the Register.

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Division 6—Sale of land by auction or tender
or to a public authority

89Minister may sell Crown land by public auction or public tender

(1)The Minister may sell any Crown land in fee simple by public auction or by public tender at such reserve price and on such terms and conditions as he thinks fit.

(2)Nothing in subsection (1) constitutes an authority to sell any land which has been reserved either temporarily or permanently under section 4 of the Crown Land (Reserves) Act 1978 where the reservation of the land has not been revoked.

90Minister to give notice of public auction or public tender

The Minister shall, not less than fourteen days before—

(a)the day on which a public auction of any Crown land is held; and

(b)the last day on which tenders for the sale of any Crown land by public tender may be submitted to him—

publish, in the Government Gazette and in a newspaper circulating in the district in which the land is situated, a notice specifying—

(c)the place and time of the auction or the last day on which tenders may be submitted to the Minister (as the case may be);

(d)the particulars of the land;

(e)the amount of the deposit to be paid at the auction or lodged with the tender (as the case may be);

(f)the period for payment of the residue of the purchase price; and

(g)the rate of interest (if any) to be charged on the residue of the purchase price.

91Procedure where reserve price not reached at auction or by tender

Where a public auction of any Crown land is held, or tenders for Crown land are received, and no bid at the auction, or no tender (as the case may be) reaches the reserve price for that land, the Minister may—

(a)sell the land to the person making the highest bid or submitting the highest tender at a price not less than the reserve price and on terms and conditions no more favourable to the purchaser than those published pursuant to section 90 with respect to that land;

(b)sell the land to any other person at a price which is not less than the reserve price, and upon terms and conditions no more favourable to the purchaser than those published pursuant to section 90 with respect to that land; or

(c)sell the land by public auction or by public tender at such new reserve price and such new terms and conditions as he thinks fit.

92Purchaser of Crown land by auction or tender deemed to be owner

(1)From the time of sale of land under this Division, the purchaser of the land shall for the purposes of any Act imposing any obligation on an owner of land be deemed to be the owner of the land.

(2)Nothing in subsection (1) imposes any liability on the Crown or the Minister in regard to any land sold under this Division where the contract for the sale of the land becomes void by reason of the non-payment of any part of the purchase price or the non-performance or non-observation of any condition of the contract of sale by the purchaser.

*                *                *                *                *

94Commission may be paid

Where land is sold by private sale under this Division, a commission not exceeding the rate fixed under the Estate Agents Act 1980 may be paid at the discretion of the Minister.

95Land to be granted when purchase price paid

Where the purchase price of land sold under this Division has been paid in full and the purchaser has complied with the conditions of sale, the Governor in Council shall grant in fee simple the land to the purchaser.

96Person not to assign interest under contract of sale without Minister's consent

A person who has any interest under a contract for the sale of land under this Division shall not, before the land is granted, transfer or assign the interest unless—

(a)the Minister gives written consent to the transfer or assignment; and

(b)the person pays the prescribed fee.

97Penalty interest for failure to pay money due under contract of sale

(1)A purchaser of land under this Division who fails to pay any money due under the contract of sale on the day it falls due shall pay in respect of the amount due, for the period of default, interest at the same rate as the rate of interest determined by the Minister under section 228.

(2)Nothing in subsection (1) affects the Minister's power to take any other action under this Division.

98Minister may declare contract of sale void on default

(1)Where a purchaser of land under this Division—

(a)fails to pay any money due under the contract of sale on the day it falls due; or

(b)fails to observe or perform any condition of the contract of sale—

and does not rectify the matter within 30 days after receiving written notice from the Minister to do so, the Minister may declare by notice published in the Government Gazette that the contract is void.

(2)Where a declaration is made under subsection (1) that a contract for the sale of land is void—

(a)the declaration shall have effect according to its tenor;

(b)any money paid for the land under the contract shall be forfeited to the Crown; and

(c)the Minister may proceed to recover and take possession of the land.

(3)Where a declaration is made under subsection (1) that a contract for the sale of land to a purchaser is void, the Minister, if he sells the land to another purchaser, may, after allowing for any deficiency in the purchase price so obtained and after taking into account the expenses of that sale, refund to the first-mentioned purchaser the whole or any part of any money which was forfeited to the Crown as a result of the declaration.

99Minister may sell Crown land to public authority

(1)In this section public authority has the same meaning as in the Conservation, Forests and Lands Act 1987.

(2)This section applies despite anything to the contrary in any Act.

(3)With the Governor in Council's approval, the Minister may sell Crown land to a public authority at a price and on terms and conditions which the Minister thinks fit, if the Minister is satisfied that the public authority requires the land for a public purpose.

(4)The Minister cannot under subsection (3) sell land to a public authority if the land is for the time being permanently or temporarily reserved under section 4 of the Crown Land (Reserves) Act 1978.

(5)A public authority may acquire land sold to it under this section for any public purpose for which the authority may acquire or hold land.

(6)Without limiting subsection (5), a reference to a public purpose includes, in the case of a municipal council, the purpose of housing or decentralised industry.

(7)The Minister cannot, under subsection (3), sell to a public authority land described in Schedule Three A.

99ASale by private treaty

(1)This section applies to Crown land—

(a)approved by the Governor in Council, by Order published in the Government Gazette, for sale by private treaty; or

(b)included in a class of Crown land approved by the Governor in Council, by Order published in the Government Gazette, for sale by private treaty.

Statute Law Revision Act 1962, No. 6867/1962

Assent Date:	16.4.62
Commencement Date:	16.4.62
CurrentState:	All of Act in operation

Subordinate Legislation Act 1962, No. 6886/1962

Assent Date:	8.5.62
Commencement Date:	1.8.62: Government Gazette 4.7.62 p. 2314
CurrentState:	All of Act in operation

Land (Amendment) Act 1963, No. 7048/1963

Assent Date:	19.11.63
Commencement Date:	19.11.63
CurrentState:	All of Act in operation

Land (Surrender by Trustees) Act 1963, No. 7075/1963

Assent Date:	10.12.63
Commencement Date:	10.12.63
CurrentState:	All of Act in operation

Public Lands and Works Act 1964, No. 7228/1964 (as amended by No. 7332)

Assent Date:	15.12.64
Commencement Date:	15.3.65: Government Gazette 11.3.65 p. 557
CurrentState:	All of Act in operation

National Parks (Amendment) Act 1965, No. 7275/1965

Assent Date:	1.6.65
Commencement Date:	1.6.65
CurrentState:	All of Act in operation

Decimal Currency Act 1965, No. 7315/1965

Assent Date:	30.11.65
Commencement Date:	30.11.65 but "Appointed day" is 14.2.66
CurrentState:	All of Act in operation

Statute Law Revision Act 1965, No. 7332/1965

Assent Date:	14.12.65
Commencement Date:	14.12.65: subject to s. 3
CurrentState:	All of Act in operation

Survey Co-ordination (Place Names) Act 1965, No. 7360/1965

Assent Date:	21.12.65
Commencement Date:	2.5.66: Government Gazette 27.4.66 p. 1325
CurrentState:	All of Act in operation

Land (Plantation Areas) Act 1966, No. 7395/1966

Assent Date:	10.5.66
Commencement Date:	10.5.66
CurrentState:	All of Act in operation

Extractive Industries Act 1966, No. 7499/1966

Assent Date:	20.12.66
Commencement Date:	15.5.68: Government Gazette 10.4.68 p. 1129
CurrentState:	All of Act in operation

Land (Amendment) Act 1967, No. 7548/1967

Assent Date:	17.3.67
Commencement Date:	17.3.67
CurrentState:	All of Act in operation

Land (Committees of Management) Act 1967, No. 7623/1967

Assent Date:	12.12.67
Commencement Date:	12.12.67
CurrentState:	All of Act in operation

Abolition of Bailiwicks Act 1968, No. 7703/1968

Assent Date:	15.10.68
Commencement Date:	1.1.69: Government Gazette 4.12.68 p. 3920
CurrentState:	All of Act in operation

County Court (Jurisdiction) Act 1968, No. 7705/1968

Assent Date:	15.10.68
Commencement Date:	1.1.69: Government Gazette 4.12.68 p. 3919
CurrentState:	All of Act in operation

Fences Act 1968, No. 7733/1968

Assent Date:	2.12.68
Commencement Date:	1.3.69: Government Gazette 5.2.69 p. 238
CurrentState:	All of Act in operation

Land (Special Land) Act 1968, No. 7783/1968

Assent Date:	18.12.68
Commencement Date:	18.12.68
CurrentState:	All of Act in operation

Mines (Abolition of Courts) Act 1969, No. 7840/1969

Assent Date:	20.5.69
Commencement Date:	20.5.69
CurrentState:	All of Act in operation

Groundwater Act 1969, No. 7849/1969

Assent Date:	20.5.69
Commencement Date:	1.9.70: Government Gazette 19.8.70 p. 2827
CurrentState:	All of Act in operation

Justices (Amendment) Act 1969, No. 7876/1969

Assent Date:	25.11.69
Commencement Date:	All of Act (except ss 3, 5–7(k)(m)–(o)) on 1.4.70; ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463
CurrentState:	All of Act in operation

Land Conservation Act 1970, No. 8008/1970

Assent Date:	24.11.70
Commencement Date:	15.2.71: Government Gazette 9.12.70 p. 3816
CurrentState:	All of Act in operation

Land (Amendment) Act 1970, No. 8060/1970

Assent Date:	22.12.70
Commencement Date:	1.2.71: Government Gazette 27.1.71 p. 201
CurrentState:	All of Act in operation

State Development Act 1970, No. 8081/1970

Assent Date:	22.12.70
Commencement Date:	15.3.71: Government Gazette 11.3.71 p. 629
CurrentState:	All of Act in operation

Land (Surrender to the Crown) Act 1971, No. 8130/1971

Assent Date:	4.5.71
Commencement Date:	4.5.71
CurrentState:	All of Act in operation

Statute Law Revision Act 1971, No. 8181/1971

Assent Date:	23.11.71
Commencement Date:	23.11.71
CurrentState:	All of Act in operation

Land (Surrenders) Act 1971, No. 8205/1971

Assent Date:	7.12.71
Commencement Date:	4.5.71: s. 1(3)
CurrentState:	All of Act in operation

Land (Amendment) Act 1971, No. 8207/1971

Assent Date:	14.12.71
Commencement Date:	14.12.71
CurrentState:	All of Act in operation

Land (Greyhound Racing) Act 1972, No. 8243/1972

Assent Date:	28.3.72
Commencement Date:	28.3.72
CurrentState:	All of Act in operation

Land (Residence Areas) Act 1972, No. 8304/1972

Assent Date:	24.10.72
Commencement Date:	1.12.72: Government Gazette 29.11.72 p. 3740
CurrentState:	All of Act in operation

Land (Jetties and Marinas) Act 1972, No. 8310/1972

Assent Date:	1.11.72
Commencement Date:	1.11.72
CurrentState:	All of Act in operation

Railways (Amendment) Act 1972, No. 8353/1972

Assent Date:	13.12.72
Commencement Date:	8.5.73: Government Gazette 2.5.73 p. 946
CurrentState:	All of Act in operation

Surrender of Land Act 1972, No. 8363/1972

Assent Date:	19.12.72
Commencement Date:	19.12.72
CurrentState:	All of Act in operation

Land (Crown Bailiffs) Act 1972, No. 8367/1972

Assent Date:	19.12.72
Commencement Date:	19.12.72
CurrentState:	All of Act in operation

Land (Metric Conversion) Act 1973, No. 8461/1973

Assent Date:	7.11.73
Commencement Date:	1.5.74: Government Gazette 19.4.74 p. 952
CurrentState:	All of Act in operation

Land Act 1973, No. 8492/1973

Assent Date:	4.12.73
Commencement Date:	4.12.73
CurrentState:	All of Act in operation

Land (Amendment) Act 1974, No. 8652/1974

Assent Date:	17.12.74
Commencement Date:	17.12.74
CurrentState:	All of Act in operation

National Parks Act 1975, No. 8702/1975

Assent Date:	16.5.75
Commencement Date:	1.12.75: Government Gazette 26.11.75 p. 3888
CurrentState:	All of Act in operation

Land Act 1975, No. 8763/1975 (as amended by No. 9126)

Assent Date:	18.11.75
Commencement Date:	1.1.76: Government Gazette 17.12.75 p. 4061
CurrentState:	All of Act in operation

Land (Surrender of Lands) Act 1976, No. 8839/1976

Assent Date:	1.6.76
Commencement Date:	1.6.76
CurrentState:	All of Act in operation

Land (Surrender of Lands) Act 1977, No. 8996/1977

Assent Date:	10.5.77
Commencement Date:	10.5.77
CurrentState:	All of Act in operation

Statute Law Revision Act 1977, No. 9019/1977

Assent Date:	17.5.77
Commencement Date:	17.5.77: subject to s. 2(2)
CurrentState:	All of Act in operation

Land (Lands Surrender) Act 1977, No. 9026/1977

Assent Date:	27.9.77
Commencement Date:	27.9.77
CurrentState:	All of Act in operation

Youth, Sport and Recreation (State Recreation Council) Act 1977, No. 9057/1977

Assent Date:	29.11.77
Commencement Date:	Ss 1–5, 7 on 1.8.78: Government Gazette 27.7.78 p. 2493; ss 6, 8 on 10.9.78: Government Gazette 30.8.78 p. 2802
CurrentState:	All of Act in operation

Statute Law Revision Act 1977, No. 9059/1977

Assent Date:	29.11.77
Commencement Date:	29.11.77: subject to s. 2(2)
CurrentState:	All of Act in operation

Age of Majority Act 1977, No. 9075/1977

Assent Date:	6.12.77
Commencement Date:	1.2.78: Government Gazette 11.1.78 p. 97
CurrentState:	All of Act in operation

Land (Amendment) Act 1978, No. 9102/1978

Assent Date:	9.5.78
Commencement Date:	S. 4 on 9.5.78: s. 1(3); rest of Act on 1.7.78: Government Gazette 14.6.78 p. 1644
CurrentState:	All of Act in operation

Land (Amendment) Act 1978, No. 9183/1978

Assent Date:	21.11.78
Commencement Date:	1.12.78: Government Gazette 29.11.78 p. 3677
CurrentState:	All of Act in operation

Crown Land (Reserves) Act 1978, No. 9212/1978

Assent Date:	19.12.78
Commencement Date:	1.3.79: Government Gazette 21.2.79 p. 441
CurrentState:	All of Act in operation

Railway Construction and Property Board Act 1979, No. 9345/1979

Assent Date:	20.12.79
Commencement Date:	22.2.80: Government Gazette 20.2.80 p. 571
CurrentState:	All of Act in operation

Crown Land (Mineral Springs) Act 1980, No. 9380/1980

Assent Date:	6.5.80
Commencement Date:	1.9.80: Government Gazette 16.7.80 p. 2419
CurrentState:	All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:	27.5.80
Commencement Date:	27.5.80: Subject to s. 6(2)
CurrentState:	All of Act in operation

Land (Amendment) Act 1981, No. 9528/1981

Assent Date:	23.4.81
Commencement Date:	23.4.81
CurrentState:	All of Act in operation

Economic Development Act 1981, No. 9567/1981

Assent Date:	19.5.81
Commencement Date:	S. 4 on 10.3.81: s. 4(2); rest of Act on 1.7.81: Government Gazette 3.6.81 p. 1778
CurrentState:	All of Act in operation

Land (Further Amendment) Act 1981, No. 9705/1981

Assent Date:	5.1.82
Commencement Date:	5.1.82
CurrentState:	All of Act in operation

Closer Settlement (Winding-up) Act 1982, No. 9798/1982

Assent Date:	23.11.82
Commencement Date:	23.11.82
CurrentState:	All of Act in operation

Land (Amendment) Act 1982, No. 9805/1982

Assent Date:	7.12.82
Commencement Date:	7.12.82
CurrentState:	All of Act in operation

Victorian College of Agriculture and Horticulture Act 1982, No. 9812/1982

Assent Date:	14.12.82
Commencement Date:	22.12.82: Government Gazette 22.12.82 p. 4133; Appointed day is 8.3.83: Government Gazette 23.2.83 p. 426
CurrentState:	All of Act in operation

Public Account (Trust Funds) Act 1982, No. 9861/1982

Assent Date:	5.1.83
Commencement Date:	12.1.83: Government Gazette 12.1.83 p. 81
CurrentState:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983

Assent Date:	15.6.83
Commencement Date:	15.6.83: subject to s. 2(2)
CurrentState:	All of Act in operation

Transport Act 1983, No. 9921/1983

Assent Date:	23.6.83
Commencement Date:	S. 255 on 1.7.83: s. 1(2)(c)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Land (Amendment) Act 1983, No. 10011/1983

Assent Date:	13.12.83
Commencement Date:	13.12.83
CurrentState:	All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
CurrentState:	All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Land (Miscellaneous Matters) Act 1986, No. 36/1986

Assent Date:	20.5.86
Commencement Date:	20.5.86
CurrentState:	All of Act in operation

Mental Health Act 1986, No. 59/1986

Assent Date:	3.6.86
Commencement Date:	Ss 1–3, 21, 23, Sch. 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585
CurrentState:	All of Act in operation

Supreme Court Act 1986, No. 110/1986

Assent Date:	16.12.86
Commencement Date:	1.1.87: s. 2
CurrentState:	All of Act in operation

Land Acquisition and Compensation Act 1986, No. 121/1986

Assent Date:	23.12.86
Commencement Date:	29.11.87: Government Gazette 25.11.87 p. 3224
CurrentState:	All of Act in operation

Land (Amendment and Miscellaneous Matters) Act 1986, No. 122/1986

Assent Date:	23.12.86
Commencement Date:	23.12.86
CurrentState:	All of Act in operation

Conservation, Forests and Lands Act 1987, No. 41/1987

Assent Date:	19.5.87
Commencement Date:	S. 103(Sch. 4 items 39.1–39.67) on 1.7.87: Government Gazette 24.6.87 p. 1694
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Planning and Environment Act 1987, No. 45/1987

Assent Date:	27.5.87
Commencement Date:	S. 205(Sch. item 39) on 16.2.88: Government Gazette 10.2.88 p. 218
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:	20.10.87
Commencement Date:	2.11.87: Government Gazette 28.10.87 p. 2925
CurrentState:	All of Act in operation

Land (Amendment and Miscellaneous Matters) Act 1987, No. 75/1987

Assent Date:	24.11.87
Commencement Date:	24.11.87
CurrentState:	All of Act in operation

Rural Finance Act 1988, No. 44/1988

Assent Date:	24.5.88
Commencement Date:	1.7.88: Government Gazette 29.6.88 p. 1896
CurrentState:	All of Act in operation

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
CurrentState:	All of Act in operation

Transport (Amendment) Act 1989, No. 44/1989

Assent Date:	6.6.89
Commencement Date:	Ss 16, 39(3), Sch. 2 items 42.1, 42.11, 42.12 on 6.6.89: s. 2(2); s. 32(2) on 16.12.86: s. 2(3); s. 42(1) on 1.11.89: s. 2(4) on 1.11.89: s. 2(5); s. 42(3) on 11.11.89: s. 2(6); rest of Act on 1.7.89: s. 2(1)
CurrentState:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Water Act 1989, No. 80/1989

Assent Date:	5.12.89
Commencement Date:	S. 328 on 5.12.89: s. 2(2); s. 329 on 6.7.88: s. 2(3); rest of Act (except Sch. 13 items 10, 23, 24) on 1.11.90: Government Gazette 15.8.90 p. 2473; Sch. 13 items 10, 23, 24 on 1.9.91: s. 2(1)
CurrentState:	All of Act in operation

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.90 p. 2473
CurrentState:	All of Act in operation

Conservation, Forests and Lands Acts (Amendment) Act 1989, No. 90/1989

Assent Date:	5.12.89
Commencement Date:	Pts 1, 2, 4; ss 9, 16, 17 on 5.12.89; Pt 3 (except s. 9) on 16.11.89: s. 2(2); s. 18(2) on 19.4.88: s. 2(3); ss 11–15, 18(1) on 3.10.90: Special Gazette (No. 47) 3.10.90 p. 1
CurrentState:	All of Act in operation

Local Government (Amendment) Act 1990, No. 13/1990

Assent Date:	8.5.90
Commencement Date:	Ss 1, 2, 6, 31, 39(2), 40–42, 44–46 on 8.5.90; ss 23, 37, 38, 39(1)(3) on 9.5.89: s. 2(2)(b); ss 3–5, 7–22, 24–30, 32–36, 43 on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1
CurrentState:	All of Act in operation

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 items 13.1–13.15) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991

Assent Date:	25.6.91
Commencement Date:	S. 77(1) on 25.6.91: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Land (Crown Grants and Reserves) Act 1993, No. 5/1993

Assent Date:	27.4.93
Commencement Date:	All of Act on 9.4.92: s. 2
CurrentState:	All of Act in operation

Land (Miscellaneous Matters) Act 1993, No. 27/1993

Assent Date:	25.5.93
Commencement Date:	All of Act (except s. 5) on 25.5.93: s. 2(2); s. 5 on 31.3.94: Government Gazette 31.3.94 p. 771
CurrentState:	All of Act in operation

Land (Amendment) Act 1993, No. 28/1993

Assent Date:	25.5.93
Commencement Date:	25.5.93
CurrentState:	All of Act in operation

Crown Land Acts (Amendment) Act 1993, No. 48/1993

Assent Date:	1.6.93
Commencement Date:	1.6.93
CurrentState:	All of Act in operation

Land (Further Amendment) Act 1993, No. 79/1993

Assent Date:	3.11.93
Commencement Date:	3.11.93
CurrentState:	All of Act in operation

Building Act 1993, No. 126/1993

Assent Date:	14.12.93
Commencement Date:	S. 264(Sch. 5 item 11) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Electricity Industry Act 1993, No. 130/1993

Assent Date:	14.12.93
Commencement Date:	S. 122(Sch. 4 item 8) on 3.1.94: Special Gazette (No. 97) 23.12.93 p. 1
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Land (Further Miscellaneous Matters) Act 1994, No. 6/1994

Assent Date:	27.4.94
Commencement Date:	S. 11 on 24.11.87: s. 2(1); rest of Act on 27.4.94: s. 2(2)
CurrentState:	All of Act in operation

Financial Management Act 1994, No. 18/1994

Assent Date:	10.5.94
Commencement Date:	S. 66(Sch. 2 items 10.1–10.3) on 1.7.94: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 3(Sch. 1 item 36) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	S. 97(Sch. 3 items 16.1–16.23) on 15.12.94: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Financial Management (Amendment) Act 1994, No. 75/1994

Assent Date:	22.11.94
Commencement Date:	S. 7(6) on 10.5.94: s. 2(1); rest of Act on 1.1.95: s. 2(2)
CurrentState:	All of Act in operation

Impounding of Livestock Act 1994, No. 89/1994

Assent Date:	6.12.94
Commencement Date:	6.12.94
CurrentState:	All of Act in operation

Crown Lands Acts (Amendment) Act 1994, No. 96/1994 (as amended by No. 73/1996)

Assent Date:	13.12.94
Commencement Date:	Pt 1 (ss 1, 2) on 13.12.94: s. 2(1); rest of Act on 26.1.95: Government Gazette 26.1.95 p. 163
CurrentState:	All of Act in operation

Port Services Act 1995, No. 82/1995

Assent Date:	28.11.95
Commencement Date:	S. 205 on 14.12.95: Government Gazette 14.12.95 p. 3488¾see Interpretation of Legislation Act 1984
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 44) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Electricity Industry (Further Amendment) Act 1996, No. 48/1996

Assent Date:	26.11.96
Commencement Date:	26.11.96
CurrentState:	All of Act in operation

Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997

Assent Date:	21.10.97
Commencement Date:	S. 28 on 21.10.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Port Services (Amendment) Act 1997, No. 63/1997

Assent Date:	5.11.97
Commencement Date:	S. 10(4)(Sch. item 2) on 10.12.97: Government Gazette 4.12.97 p. 3290
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Rail Corporations (Amendment) Act 1997, No. 104/1997

Assent Date:	16.12.97
Commencement Date:	S. 49 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Electricity Safety Act 1998, No. 25/1998

Assent Date:	12.5.98
Commencement Date:	S. 169 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 46) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date:	10.11.98
Commencement Date:	S. 11 on 15.12.98: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 35) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Transport (Amendment) Act 2000, No. 30/2000

Assent Date:	30.5.00
Commencement Date:	31.5.00: s. 2
CurrentState:	All of Act in operation

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Assent Date:	21.11.00
Commencement Date:	S. 55 on 1.1.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 66.1) on 15.12.98: s. 2(2)(m); s. 3(Sch. 1 items 66.2, 66.3) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:	12.6.01
Commencement Date:	S. 3(Sch. 1 item 4) on 28.6.01: Government Gazette 28.6.01 p. 1428
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Transfer of Land (Amendment) Act 2001, No. 49/2001

Assent Date:	27.6.01
Commencement Date:	S. 10 on 28.6.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 39) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003

Assent Date:	13.5.03
Commencement Date:	S. 27 on 3.11.03: Government Gazette 30.10.03 p. 2744
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Port Services (Port Management Reform) Act 2003, No. 85/2003

Assent Date:	11.11.03
Commencement Date:	S. 33 on 1.4.04: Government Gazette 1.4.04 p. 714
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 14) on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Road Management Act 2004, No. 12/2004

Assent Date:	11.5.04
Commencement Date:	Ss 160, 161 on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Sustainable Forests (Timber) Act 2004, No. 48/2004

Assent Date:	16.6.04
Commencement Date:	S. 135 on 17.6.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 19) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Water (Governance) Act 2006, No. 85/2006

Assent Date:	17.10.06
Commencement Date:	S. 173(Sch. 1 item 2) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 33) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 15) on 1.12.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Crown Land Acts Amendment (Lease and Licence Terms) Act 2009, No. 40/2009

Assent Date:	5.8.09
Commencement Date:	Ss 26–29, 31, 32, 34 on 6.8.09: s. 2(1); ss 25, 30, 33 on 1.7.11: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 74) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009

Assent Date:	8.12.09
Commencement Date:	S. 40 on 1.1.10: Government Gazette 17.12.09 p. 3338
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Consumer Affairs Legislation Amendment Act 2010, No. 1/2010

Assent Date:	9.2.10
Commencement Date:	S. 90 on 1.8.10: Government Gazette 22.7.10 p. 1628
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	Ss 25(5)(Sch. 2 item 5), 203(1)(Sch. 6 item 27) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	Ss 121–123 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 50) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 25) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Forests Amendment Act 2012, No. 46/2012

Assent Date:	21.8.12
Commencement Date:	S. 21 on 1.9.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 18) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Fences Amendment Act 2014, No. 30/2014

Assent Date:	15.4.14
Commencement Date:	S. 14 on 22.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 92) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 6) on 1.3.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Water Amendment (Flood Mitigation) Act 2014, No. 53/2014

Assent Date:	12.8.14
Commencement Date:	Ss. 11, 12 on 1.3.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Assent Date:	22.9.15
Commencement Date:	S. 37 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	S. 89 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016

Assent Date:	22.3.16
Commencement Date:	Ss 172, 173 on 7.6.16: Special Gazette (No. 177) 7.6.16 p. 1; s. 179(Sch. 1 item 3) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016

Assent Date:	5.4.16
Commencement Date:	Ss 14–18 on 1.12.16: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Crown Land Legislation Amendment Act 2016, No. 51/2016

Assent Date:	18.10.16
Commencement Date:	Ss 16–28 on 19.10.16: s. 2
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Traditional Owner Settlement Amendment Act 2016, No. 67/2016

Assent Date:	15.11.16
Commencement Date:	S. 32 on 1.5.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Land Act 1958

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	S. 167 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Act 1958

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	S. 79 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 75) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Act 1958

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	Ss 136–152 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	S. 93 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 25) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Act 1958

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date:	6.11.19
Commencement Date:	S. 102 on 1.2.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Act 1958

Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020

Assent Date:	1.12.20
Commencement Date:	Ss 35–48, 50–59 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1; s. 49 on 1.9.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Act 1958

Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021

Assent Date:	19.10.21
Commencement Date:	Ss 85–97 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Act 1958

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	S. 100 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date:	24.5.22
Commencement Date:	S. 92 on 1.7.22: Government Gazette 23.6.22 p. 2737
Current State:	This information relates only to the provision/s amending the Land Act 1958

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 17) on 6.9.23: s. 2
Current State:	This information relates only to the provision/s amending the Land Act 1958

State Electricity Commission Amendment Act 2024, No. 11/2024

Assent Date:	26.3.24
Commencement Date:	S. 96 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024, No. 14/2024

Assent Date:	7.5.24
Commencement Date:	Ss 3–7, 9, 11 on 8.5.24: s. 2(1); ss 8, 10 on 19.12.24: Special Gazette (No. 686) 10.12.24 p. 1
Current State:	This information relates only to the provision/s amending the Land Act 1958

Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025

Assent Date:	20.5.25
Commencement Date:	S. 97 on 21.5.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Act 1958

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 4(Sch. 2 item 18) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Land Act 1958

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 55(1)(f): See sections 34 (repealed), 35 (repealed).

[2] S. 57: See section 196.

[3] Ss 62–69:

Ss 62–64 repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

S. 65 substituted by No. 18/1989 s. 13(Sch. 2 item 41(d)), repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

S. 66 repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

S. 67 amended by No. 7228 s. 7(Sch. 4 Pt 19(m)), repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

S. 68 amended by Nos 7228 s. 7(Sch. 4 Pt 19(m)), 18/1989 s. 13(Sch. 2 item 41(e)), repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

S. 69 repealed by No. 7548 s. 8(2)(a).

[4] Pt 1 Div. 4 Subdiv. 5:

Pt 1 Div. 4 Subdiv.

5 (Heading and ss 70–84) amended by Nos 6505 s. 2, 7228 s. 7(Sch. 4 Pt 19(n)(o)), 7332 s. 2(Sch. 1 items 34, 35), 8060 s. 2(1), 8181 s. 2(1)(Sch. item 92), 10087 s. 3(1)(Sch. 1 item 127), 41/1987 s. 103(Sch. 4 items 39.11, 39.12), 55/1987 s. 57(3)(Sch. 5 item 33), 18/1989 s. 13(Sch. 2 item 41(f)), 92/1990 s. 128(Sch. 1 item 13.2), 52/1994

s. 97(Sch. 3 item 16.5), repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

[5] Pt 1 Div. 5:

Pt 1 Div. 5 (Heading and ss 85–88) amended by Nos 7228 s. 7(Sch. 4 Pt 19(p)), 8181 s. 2(1)(Sch. item 93), 8461 ss 13–15, 10087 s. 3(1)(Sch. 1 item 126), repealed by No. 96/1994 s. 22.

[6] Pt 1 Div. 9 Subdiv. 2: See section 199.

[7] S. 335: Section 25(2) of the State Electricity Commission Act 1958, No. 6377 (as amended by No. 130/1993) reads as follows:

25Leases and licences under Land Act 1958

(2)Every lease or licence granted under Part VIII of the Land Act 1958 may contain such further covenants terms conditions and restrictions as the Governor in Council on the recommendation of the Commission or an electricity corporation thinks fit; and every such lease or licence and the lessee or licensee and the executors administrators and assigns of every such lessee or licensee shall be subject to any regulations made under this Act so far as the same are applicable.

[8] S. 340: See the Mineral Resources (Sustainable Development) Act 1990, No. 92/1990.

[9] S. 368(1): For fee, see the Sixteenth Schedule.